Insmed Inc (INSM)

[wjlknew]

This may not answer your questions, but there are a few things you should keep in mind.

1. The court (the judge) ruled several months ago (after the Markman Hearing) that the "151" patent has been LITERALLY infringed, i.e. infringed taking the patent at face value . However, Insmed claimed there was inequitable conduct in obtaining the "151" patent that would make the patent unenforceable. The court said that would be decided (by the court) at a later date in an inequitable conduct hearing. In the meantime, the jury trial would go ahead because there were several other patents involved in the lawsuit.

2. The jury decided that Insmed WILLFULLY infringed the "151" patent (taken at face value) and WILLFULLY induced others (I suppose docs, etc.) to do likewise. The jury was not asked to decide on actual infringement because that had already been decided. I am definitely on Insmed's side, but I would have probably decided the same way. In other words, if I believe a stop sign has been illegally placed at an intersection and I choose to ignore it, is that willfull? Of course it is. If it is later determined that the stop sign was indeed illegally placed then I will be off the hook.

3. The inequitable conduct question only applies to the "151" patent.

4. The hearing scheduled for February 16th is to hear oral arguments (written briefs and exhibits will already have been submitted) on ALL post trial motions. I suppose the inequitable conduct motion will be included, but so will the injuction motion, and several others. Will a final decision on everything be issued on that day? I doubt it, but only the judge knows for sure.

You bring up good points.